J&J Win Affirmed In 5th Circ. Mesh Warning Appeal

Law360, New York (August 6, 2012, 6:12 PM EDT) -- The Fifth Circuit upheld a victory for Johnson & Johnson on Thursday in a vaginal mesh user's suit seeking $20 million for injuries allegedly caused by the product, ruling her surgeon admitted he knew of the risks involved.

A three-judge panel affirmed a Mississippi federal court's summary judgment ruling for the company and its Ethicon Inc. unit in an unpublished opinion. The appeals court also found the lower court was not wrong to strike two of plaintiff Deborah Smith's expert reports and to deny the inclusion...